International Trade

  • February 5, 2016

    WTO Panelists Named To Tackle US-Indonesia Paper Row

    World Trade Organization Director-General Roberto Azevedo has named a trio of panelists to adjudicate Indonesia’s claim that U.S. anti-dumping and countervailing measures on coated paper imports have violated WTO rules, according to a notice circulated on Friday.

  • February 5, 2016

    Argentina Floats $6.5B Deal To End Epic Default Battle

    Argentine President Mauricio Macri is floating a $6.5 billion deal to settle a slew of litigation with holdout bondholders over the country’s 2001 debt default, a court-appointed mediator said Friday.

  • February 5, 2016

    Japan Regulator Says Shipping Doesn’t Need Antitrust Pass

    Japan should abolish a decades-long exemption given to its ocean shipping companies from the nation’s Antimonoply Act because the exemption isn’t consistent with U.S. and European law and the industry doesn’t need it, the regulatory body that oversees the act said Thursday.

  • February 5, 2016

    FERC Gives Enviro OK To Kinder Morgan $2B LNG Project

    Kinder Morgan Inc.'s $2 billion proposed natural gas liquefaction project near the mouth of the Savannah River moved one step closer to approval Friday with the Federal Energy Regulatory Commission's release of a favorable environmental assessment.

  • February 5, 2016

    Europe Poised For Flood Of Iran Deals As US Can Only Watch

    The recent lifting of sanctions against Iran won’t cause a significant increase in mergers and acquisitions involving the region for U.S. companies, which must remain cognizant of remaining restrictions, but the change could prompt an outbreak of activity from European corporations that have far more freedom to deal with the country, experts say.

  • February 5, 2016

    Manufacturers Readying For Vote On Customs Bill Next Week

    The National Association of Manufacturers said Friday that it expects the Senate to vote next week on a long-delayed bill to beef up customs and intellectual property enforcement, facilitate shipments at U.S. ports and implement a permanent ban on taxing Internet access.

  • February 5, 2016

    EU Tells 2nd Circ. $200M Award Is Based On 'Illegal' Treaty

    U.S. courts shouldn’t enforce an arbitrator’s award worth at least $200 million against Romania because the investment treaty that two Swedish food businessmen used to initiate proceedings is itself illegal, the European Commission told the Second Circuit on Thursday.

  • February 5, 2016

    Sex Toy Rivals Settle Long-Running Patent Dispute

    Swedish sex toy maker Leloi AB and Canadian rival Standard Innovation Corp. have agreed to settle all patent litigation between them, the two companies announced this week, ending a yearslong fight over technology involved in their respective lines of vibrators.

  • February 5, 2016

    US Faces Crossroads In Chinese Dumping Cases

    This December marks China's 15th year as a World Trade Organization member, a milestone that will spur calls for the U.S. and other nations to grapple with Beijing's status as a market-driven economy in a decision that could be a game-changer for the enforcement of anti-dumping laws.

  • February 5, 2016

    Clinton Backs Amending TPP As Sanders Shreds Trade Deals

    Trade came to the forefront in the latter stages of Thursday night’s Democratic presidential debate, with Hillary Clinton divulging that she could support the Trans-Pacific Partnership only if the deal is altered and Sen. Bernie Sanders, I-Vt., setting fire to the last 20 years of U.S. trade policy.

  • February 4, 2016

    CFTC Broke Accounting Law With Office Leases: Watchdog

    A congressional watchdog on Thursday found that the U.S. Commodity Futures Trading Commission ran afoul of accounting law with its leases of office spaces around the country, wrapping up a probe that has brought renewed Republican scrutiny of the agency.

  • February 4, 2016

    Commerce Urges Fed. Circ. To Restore Anti-Dumping Tool

    The U.S. Department of Commerce urged a Federal Circuit panel Thursday to overturn a Court of International Trade decision exempting certain Mexico-made wire rods from an antidumping order, saying it undermined the department’s ability to catch other companies trying to skirt the policy.

  • February 4, 2016

    German Judges Slam TTIP Investment Arbitration Model

    Germany’s largest association of judges and public prosecutors has rejected a proposed investment arbitration court that's included as part of the Transatlantic Trade and Investment Partnership deal, saying it sees "neither a legal basis nor a need" for such a court.

  • February 4, 2016

    FTC To Closely Police New EU-US 'Privacy Shield,' Brill Says

    Federal Trade Commissioner Julie Brill on Thursday pledged that the commission would robustly enforce the new trans-Atlantic data transfer “Privacy Shield” deal, saying the regulator would not only continue to launch its own probes into businesses’ compliance but also seize on its strengthened partnership with European data protection authorities.

  • February 4, 2016

    Qualcomm Brass Hid Weak Sales, FCPA Troubles, Suit Says

    Qualcomm Inc.’s brass “turned a blind eye” to the company’s weakening financials even as sales flagged and a Foreign Corrupt Practices Act investigation loomed, an investor said in a derivative suit filed in California federal court Wednesday.

  • February 4, 2016

    Citgo Says It Doesn't Belong In Venezuela Arbitration Fight

    Citgo, the U.S. oil refiner owned by Venezuela’s government, asked a Delaware federal judge Wednesday to toss a Canadian gold miner’s suit that seeks to enforce a potential arbitral award against the South American country for allegedly stealing billions of dollars’ worth of mining rights.

  • February 4, 2016

    Top EU Court Says Regulation On Footwear Partially Invalid

    The European Union's highest court found Thursday that a regulation imposing an anti-dumping duty on leather footwear imported into the EU from China and Vietnam is partially invalid, saying market conditions in the countries weren't properly considered when adopting the regulation.

  • February 4, 2016

    Gold Reserve Can't Register Judgment Outside DC, Court Told

    The government of Venezuela hit back against a Canadian mining company’s efforts to register a D.C. court’s affirmation of a $740 million arbitration award in other jurisdictions, saying Wednesday that the company has failed to establish where the country’s assets are located.

  • February 3, 2016

    Terror Victims Drop Suit Aiming To Block Iran Nuclear Deal

    Victims of Iran-sponsored terrorist attacks didn’t provide reasons Wednesday for voluntarily dropping their lawsuit seeking to block a nuclear deal with the Middle East nation that they claim would unlawfully unfreeze up to $150 billion in Iranian assets.

  • February 3, 2016

    With TPP Signed, Trade Ministers Focused On Ratification

    Trade ministers for the 12 Trans-Pacific Partnership nations formally signed the massive accord on Wednesday in New Zealand and vowed to throw their weight behind surpassing the various legislative hurdles necessary to put the deal into force.

Expert Analysis

  • New Regulations Create Business Opportunities In Cuba

    Lori Scheetz

    Though hurdles remain, the fairly extensive list of goods that may be authorized for export to Cuba — thanks to recent changes in U.S. Bureau of Industry and Security regulations — combined with a shift from a general policy of denial to a general policy of approval and the fact that these sales may now be made to government entities, create new possibilities for U.S. companies seeking to enter the Cuban market, says Lori Scheetz a... (continued)

  • Congress Loses Its COOL

     Matthew I. Kaplan

    Congress recently repealed the country-of-origin labeling rule for beef and pork, partially in response to the threat of retaliatory tariffs from Canada and Mexico. But COOL requirements are still in effect for other commodities and whether other countries will follow Canada and Mexico to obtain COOL repeal for these products remains to be seen, say Matthew Kaplan and Ndubisi Ezeolu at Tucker Ellis LLP.

  • The Calm Before The Storm: Responding To An ITC Complaint

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    When a Section 337 complaint is filed with the U.S. International Trade Commission, the ITC has 30 days to evaluate the complaint before starting an investigation. A company sued at the ITC should make maximum use of this period, as once the investigation starts it proceeds at a much quicker pace than most U.S. court proceedings, say Steven Adkins and Matthew Bathon at Steptoe & Johnson LLP.

  • TPP Dispute Resolution: Settlement Mechanism Vs. WTO

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    The Trans-Pacific Partnership's dispute settlement mechanism may provide a faster and more transparent forum to resolve state-to-state disputes than that of the World Trade Organization, but with its well-developed procedures and appeal mechanism, the WTO may well remain a forum of choice for those that prize consistency and predictability in dispute resolution, say attorneys at Sidley Austin LLP.

  • EU-US Negotiations Could Shake Up US Insurance Regulation

    Donald B. Henderson

    Entering into a covered agreement with the European Union could have a significant impact on the current U.S. state-based system of insurance regulation, since the covered agreement — which will be negotiated by U.S. federal authorities — could result in the preemption of certain state insurance laws, say attorneys at Willkie Farr & Gallagher LLP.

  • Investment Protection In The Canada-EU Trade Agreement

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    Of the new wave of major trade and investment agreements, the Canada-European Union Comprehensive Economic and Trade Agreement arguably has the best prospect of ratification. Mohamed Shelbaya and Ian Kysel of Shearman & Sterling LLP highlight some of the ways in which its provisions clarify or differ from investment protections available to investors under current treaty law.

  • Cicero On Legal Advocacy

    Eliot J. Walker

    Today’s lawyers might be surprised to find that the teachings of Cicero remain relevant to modern practice. In recognition of the ancient Roman orator's birthday this month, Skiermont Derby LLP attorney Eliot Walker offers three practice points for lawyers and politicians plucked from Cicero’s seminal dialogue on rhetoric.

  • 4 Ways To Improve The Business Intake Process

    Terrence J. Coan

    When executed properly, an efficient new business intake process can drive growth, minimize risk, and ensure new clients support a law firm’s business and financial objectives. But determining how to streamline the NBI process is easier said than done, says Terrence Coan, leader of HBR Consulting LLC's information governance and risk management practice.

  • Conflict Minerals Compliance: What To Do Now

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    In the final part of a three-part series on conflict minerals compliance, Michael Littenberg at Ropes & Gray LLP discusses practical compliance tips for this cycle and the next in light of past and expected trends in conflict minerals compliance.

  • 3 Certainties Regarding The Trans-Pacific Partnership

    Jeffrey L. Bleich

    In short, the Trans-Pacific Partnership is coming. Arbitrations will follow. And those arbitrations may require new skills and strategies for lawyers hoping to help their clients achieve the benefits of this controversial trade agreement, says Jeffrey Bleich, a partner with Munger Tolles & Olson LLP who was involved in negotiating the TPP while serving as U.S. ambassador to Australia.